Criminal Law Regulation And Legislative Perfection Of Bribery Crime In China

Since the reform and opening up,China has made great achievements in the economy,but the rapid economic development is also accompanied by the rapid growth of corruption.After the Eighteenth National Congress of the CPC making new arrangements of building a clean government and anti-corruption work,the judicial practice has investigated a large number of corruption and bribery cases,the new criminal policy on judicial practice and criminal law theory put forward new requirements.At the same time,the new Amendment ? to the Criminal Law of the People's Republic of China set up facts about a crime and legal penalty range of the crime of corruption and bribery,adds new charges such as bribery by influence.Interpretation of Several Issues Concerning the Application of Law in the Case of Criminal Cases of Corruption and Bribery put forward the important issue of the interests and the object of crime.The new law and the implementation of the judicial interpretation have a profound impact on investigation of duty crime in China,conviction and punishment and a profound impact on the judicial authority for the duty crime investigation,review and prosecution and trial behavior.All of these require the theoretical researchers and judicial workers to respond to the judicial practice in the criminal law theory.Chinese traditional criminal law theoretical research on monographs and papers on corruption and bribery are voluminous.It is famous school in the research of criminal law and has made great achievements,great progress has also been made on some key issues,promoting the legislative and judicial progress.However,previous studies are based on the old criminal law and judicial interpretation before AmendmentIXto the Criminal Law of the People'sRepublic of China and Interpretation of Several Issues Concerning the Application of Law in the Case of Criminal Cases of Corruption and Bribery,in the implementation of the new law has a certain degree of adaptability and lag.Under the new laws there is a certain degree of adaptability and lag.From the perspective of theoretical depth,China's traditional criminal law theory is the study of the crime of bribery under the Soviet Union's four elements crime constitution theory.However,the shortcomings of the Soviet criminal law is that the theory is not accurate and in-depth,so since 80s Chinese criminal law began to transform the theoretical knowledge of criminal law.A large number of German and Japanese criminal law was introduced to the China,but most of these theoretical discussions are discussed in the general part of the criminal law,and did not go into the specific part of the theory of criminal law.By using the theory of German and Japanese criminal law,based on the theory of dualism Handlungsunwert and comparative law,this paper deeply studied the German and Japanese criminal law theory to the specific crime of criminal law-bribery crime which is introduced in order to improve the traditional criminal law theory while has limitations in general criminal law part.This paper theoretically cared and reform Chinese bribery crime theory,rethought profoundly the relevant provisions of bribery crime in our country,clarified the basic theory of the crime of bribery,reconstructed of the issue of the object of crime of bribery in our country and analyzed the nature of the important interests of crime of bribery.Finally,based on the theory of comparative law and the theory of dualism Handlungsunwert,this paper puts forward some new legislative suggestions on the relevant provisions of bribery crime in our country.In this paper,there are four aspects in theoretical innovation.First,this paper is based on the dualism Handlungsunwer theory base,is always carried out dualism Handlungsunwer as theoretical guidance when discusses the related problems of the crime of bribery,keeps the logically self consistent and adheres to the academic position.Second,this paper has reversed the defects in the theory of criminal law in our country,which has been limited to the general part of the criminal law.It deepens the relevant theory to the specific charges,deepens the understanding of the criminal law theory of criminal law in Germany and Japan,and the depth of the research on bribery crime.Thirdly,this article uses the method of comparative law,widely collects the relevant provisions of bribery crime of countries around the world,makes the argument sufficiently enough and accurate and ensures the accuracy of the conclusion.Fourthly,this paper uses the research methods of the integration of criminal law,places the bribery crime legislation framework in the whole criminal law to think,in order to regulate the crime of bribery legal system and effective operation,reveals the relation between the laws and system on the regulation of bribery crime.